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More than 15 years of experience challenging the Supreme Court in DUI cases.
Field Sobriety Tests Lawyers
in Atlanta, GA
What They Test & How We Challenge Them
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"Attorney Greg Willis is someone I am truly thankful to have had in my corner during one of my most stressful times. He goes above and beyond and has your best interest at heart. I couldn’t recommend him more to anyone in need of someone to represent them as they deal with a DUI."
- Juan Castilla
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Field Sobriety Tests in Georgia
What They Test & How We Challenge Them
Field sobriety tests (FSTs) are roadside coordination and observation tests administered by law enforcement officers following a traffic stop. Georgia officers typically use the three NHTSA-standardized tests: Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). These are the only three tests validated by NHTSA research — but only when administered in strict accordance with NHTSA protocol. Non-standardized tests (touching finger to nose, reciting the alphabet, counting backwards) have no standardized validation and are highly susceptible to challenge.
HGN:
The officer tracks the involuntary jerking of the eye (nystagmus) at specific angles while moving a stimulus. Issues: improper stimulus distance; failure to check for equal tracking; environmental lighting conditions affecting observation; medical conditions causing nystagmus (inner ear disorders, certain medications, neurological conditions).
Walk-and-Turn:
Nine steps heel-to-toe along a line, turn, nine steps back. Issues: no visible line on uneven, sloped, or gravel pavement; improper instructions; physical conditions (knee injuries, back problems, obesity, age) affecting performance; failure to account for footwear.
One-Leg Stand:
Stand on one foot with the other raised 6 inches, count aloud. Issues: same physical condition limitations; wind conditions; lighting; surface conditions.
Even when properly administered, NHTSA’s own research shows these tests have error rates ranging from 17% to 35%. They are indicators — not proof — of impairment. Willis Law Firm cross-examines arresting officers on every aspect of FST administration in suppression hearings and at trial.
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Common Mistakes of DUI Field Testing
There are several common mistakes that law enforcement officers may make when administering field sobriety tests. Some of these mistakes include:
- Improper instructions: The instructions for the field sobriety tests must be given clearly and accurately for the tests to be effective. If the instructions are not clear or are given incorrectly, the results of the tests may be inaccurate.
- Improper demonstration: The officer must demonstrate the test correctly before the suspect performs it. If the demonstration is not correct, the suspect may not understand what is expected of them, and the results of the test may be inaccurate.
- Improper scoring: The officer must score the test objectively and accurately. If the officer scores the test subjectively, the results may be influenced by their own biases and opinions, leading to inaccurate results.
- Environmental factors: Environmental factors such as road conditions, weather, and lighting can affect a suspect’s ability to perform the tests, leading to inaccurate results.
- Physical limitations: Suspects may have physical limitations that prevent them from performing the tests accurately, such as joint problems or balance issues. If the officer does not take these limitations into consideration, the results of the tests may be inaccurate.
It is important to note that field sobriety tests are not foolproof and can be subject to human error and misinterpretation.
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Field Sobriety Testing Frequently Asked Questions
Field sobriety tests are tests that law enforcement officers use to determine if a person is under the influence of alcohol or drugs while operating a motor vehicle. These tests are typically administered at the side of the road during a traffic stop.
The most common field sobriety tests are the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test.
Field sobriety tests are not foolproof and can be subject to human error and misinterpretation. The accuracy of the tests can be influenced by factors such as road conditions, weather, and lighting, as well as the individual officer administering the test.
No, you are not legally required to take a field sobriety test in the United States. However, if you refuse to take a field sobriety test, you may face penalties such as license suspension or fines.
Yes, the results of a field sobriety test can be challenged in court. An experienced DUI attorney can examine the circumstances of your case and determine if the field sobriety tests were administered and interpreted correctly.
If you are charged with a DUI based on the results of a field sobriety test, it is important to seek the assistance of an experienced DUI attorney who can examine the circumstances of your case and protect your rights. Your attorney can also help you navigate the legal process and determine the best course of action for your specific situation.
Challenge Your Results with Willis Law Firm!
Our field sobriety tests lawyers in Atlanta, GA are qualified to defend you. In fact, an awarded attorney at the firm is certified in NHTSA’s Standardized Field Sobriety Testing and works in conjunction with field sobriety evaluation experts. Your DUI charge can be lessened or even dismissed through the skilled advocacy found at Willis Law Firm.
Client Reviews
If you’re facing legal troubles and want to make sure you’re hiring the best lawyer to fight your case, the Willis Law Firm is the place to call. Their attorneys are extremely knowledgeable and go above and beyond to make sure their clients receive the best outcome possible. The office staff has always been extremely helpful and compassionate through each step of the way. Greg has helped me and my family with a few cases over the years and we’ve always received a great outcome. He and his staff are the best in the field. There’s a reason why other attorneys hire Greg to handle their cases! Highly recommend their services. You won’t be disappointed.